# Calvary Bible Presbyterian Church v. Board of Regents of University of Washington > Washington Supreme Court · December 28, 1967 · 72 Wash. 2d 912 URL: https://www.frixlaw.com/law-library/cases/9551297 ## Case - **Full name:** Calvary Bible Presbyterian Church of Seattle Et Al., Appellants, v. Board of Regents of the University of Washington, Respondent - **Court:** Washington Supreme Court - **Decided:** December 28, 1967 - **Citations:** 72 Wash. 2d 912; 436 P.2d 189; 1967 Wash. LEXIS 876 - **Precedential status:** Published - **Opinion:** Dissent by Hunter - **Judges:** Weaver, Hunter - **Cited by:** 23 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9551297 ## How later opinions describe it (automated extraction) - holding public funds may not be expended for "that category of instruction that resembles worship and manifests a devotion to religion and religious principles in thought, feeling, belief, and conduct" ## Opinion text Hunter, J. (dissenting) — I dissent. The main thrust of the majority opinion is that English 390 as taught at the University of Washington does not contravene our state constitutional prohibition against religious instruction in public schools, article 1, section 11 and article 9, section 4; *923 because it is a purely objective historical and literary study of the Bible, and is not motivated by the purpose of religious indoctrination or inducement of any religious belief. Regardless of how well intended the course may be, the record compels me to conclude that it is religious instruction and constitutes a direct attack upon the religious belief of many taxpayers of this state, who profess that the Bible is the “Revealed Word of God.” This religious instruction and religious controversy in public schools is interdicted by our state constitution, supra. The witnesses for both the appellants and respondents testified that within Christendom today there are two opposing religious views: (1) the traditional view that the Bible is the “Revealed Word of God,” and (2) the liberal view that man is free to judge the genuineness and authority of the Bible. There can be no question from this record that the more liberal view is a part of the study for this course. The outline written by Professor Fowler, as a study guide for the course, sets forth asserted facts inconsistent with Moses being the author of The Pentateuch; Isaiah as author of The Book of Isaiah; Daniel as author of The Book of Daniel; Paul, the Apostle, as author of The Pastoral Epistles; Peter as author of First Peter and Second Peter; and David as author of Psalms. It is conceded that the authorship of these books of the Bible is a matter of religious controversy. The record, however, goes further. Dr. Wright, one of the instructors in the course, admitted that much of the factual material presented in the study outline was representative of the particular view of the Bible, held by Professor Fowler and himself, and also referred to as the Graf-Wellhausen hypothesis, the documentary hypothesis view, and the modernist view. Professor Fowler admitted his ideology was of the liberal view. Professor Irmscher, one of the instructors in English 390, admitted he instructed the students that the story of Adam and Eve in the Bible is a myth. *924 The following testimony of a student in the course further demonstrates the liberal point of view of the instructors: Q. (by Mr. Smith) Did you have the impression that the course was slanted in a religious way? A. Yes, I did. Q. Could you state in what way? . . . A. It was slanted toward the liberal views of theology, specifically higher criticism, variously known, I believe, as documentary hypothesis. Also there was a certain amount of making characters in the early parts of Genesis as myths, which would be the mythologizing of the scriptures. And he also felt that Paul in the New Testament was the one that emphasized and pushed the New Testament church; rather than using the teachings of Jesus, that Paul himself was the one that was the genius of the New Testament Church. (Italics mine.) This direct attack on the integrity of the Bible unquestionably arouses deep resentment among those who adhere to the traditional view, and who are denied in this instance the assurance under our state constitution, article 1, section 11 and article 9, section 4, that their tax monies will never be used to support religious instruction. The majority’s holding that historical and literary study of the Bible, without the purpose of indoctrination in a specific religious belief, dogma, or creed, does not constitute religious instruction under our constitution, article 1, section 11, is not supported by authority in this state. To the contrary, in State ex rel. Dearle v. Frazier, 102 Wash. 369 , 173 Pac. 35 (1918), we specifically held that any religious instruction is objectionable under our state constitution, even though it be neither sectarian, doctrinal, or denominational. We held there, that limited religious instruction, which involved state support only to the extent of furnishing an outline of study, conducting examinations and the grading of papers covering only the historical, biographical, narrative and literary features of the Bible, violates article 1, section 11 of our state constitution, as amounting to the application of public funds to religious instruction. This *925 limited purpose “instruction” was found unconstitutional even though actual “instruction” did not occur in the public schools, but was designed to be pursued at home or under the guidance of any church organization of the student’s choice. In this landmark case, speaking through Mr. Justice Chadwick, we stated at 375: In the light of other constitutions, the abuses in other states, and the evident purpose of the framers of the constitution to save some of the questions which had there arisen, there can be no doubt that more was intended than a simple declaration that our schools should be kept free of sectarian influences. Article 1, § 11, is all significant. The words “No public money shall be appropriated for or applied to any religious worship, exercise, or instruction” are sweeping and comprehensive. Our inquiry may be limited, then, to the one question, whether an examination of pupils upon “the historical, biographical, narrative, and literary features” of the Bible is religious instruction within the meaning of the constitution. To meet the premise of counsel for respondent, we would have to read the prohibition as if it were “No public money shall be applied to any denominational or sectarian worship, exercise, or instruction,” and reject the broader term “religious;” for his argument proceeds as if the sole object of the constitution was to keep the schools free of sectarian influences. (Italics mine.) We further stated at 377, 378, 379: But it is said that the teaching is to be upon the historical, biographical, narrative, and literary features of the Bible only, and in this the instruction will be neither sectarian, doctrinal, denominational nor religious. This might be true if all citizens were agreed that the King James’ translation of the Bible is a true version of the scriptures, and then only if the teaching were under the control of those who are selected through the means and methods provided by law. But the vice of the present plan is that school credit is to be given for instruction at the hands of sectarian agents. Then, too, all citizens are not agreed as to the narrative and historical worth of the Bible. It is true that some of the events there recorded have shaped the destinies of millions of people, yet they are not mentioned in profane contemporaneous history. *926 Some are not agreed whether many of the events there narrated are historical or allegorical; whether the earth was created in six days; where Cain obtained his wife; whether the whole earth was covered with a flood of waters; whether Jonah was swallowed by a whale; whether Elijah was translated by a whirlwind into heaven; whether Lot’s wife was turned into a pillar of salt; whether our God stopped the sun in its course that Joshua might overcome his enemies; whether he made the waters of the sea to recede that his chosen people might pass to the promised land; whether God spake with the prophets, or ordered the lives of such great rulers as David and Solomon; are questions all sounding in narrative and history that have excited differences and controversies that are never settled. That Bible history, narrative, and biography cannot be taught without leading to opinion, and ojttimes partisan opinion, is understood and anticipated by the school board. They admit, as plainly as language can admit, that Bible teaching does lead to sectarian opinion and differences of opinion upon religious questions. They employ the word “religious” in a narrow and sectarian sense. They speak of “religious organizations” and provide that “interpretation” shall be given in the home, or by some “religious organization.” Now we had thought that “history, biography and biblical narrative” would require no interpretation—certainly no interpretation calling for the doctrinal opinion of a religious organization. And who of authority in our schools is to say that a pupil shall, or shall not, have credit if he answers questions in a way that is different from the way intended by those who prepared the course of instruction. It may be said that the pupil is entitled to credit if he answers in a way that is consistent with the faith of his instructor. But there are two objections to this. The one is that the examiner may not know the faith and teachings of those of a different faith; the other and more conclusive objection is that, to give a credit in the public school for such instruction, is to give a credit for sectarian teaching and influence, which is the very thing outlawed by the constitution. (Italics mine.) I cannot agree with the majority, that the views expressed in the Dearie case are dicta. The Dearie case is the law of this state to which I would adhere. *927 The majority further states that if this court holds that English 390 is constitutionally prohibited, such holding would result in the elimination of courses in many other fields of instruction, such as zoology, anthropology, theory of evolution, and astronomy, that may be inconsistent with the fundamentalist interpretation of the Bible. I can see no reason to raise this specter. Courses of this nature are not affected by the constitutional prohibitions in article 1, section 11 or article 9, section 4. These courses have no resemblance to religious instruction and in no manner come under the ambit of our constitutional prohibitions, supra. In my judgment the majority has disregarded the basic purpose of the framers of our constitution in adopting article 1, section 11 and article 9, section 4 of our state constitution, which purpose we stated in Dearle, supra, at 381: We shall not go far afield when we suggest that it is a matter within the common knowledge of those who followed the discussion attending the framing of our constitution that it was the purpose of the men of that time to avoid all of the evils of religious controversies, the diversion of school funds to denominational schools and institutions, and the litigation that had occurred in other states. For it was known that religious opinion is a thing that men will fight for, and sometimes in most insidious ways. The question then was—and the people who adopted the constitution were so advised—whether we should adopt a constitution which provided in terms that no religious instruction should ever he a part, directly or indirectly, of the curriculum of our schools. (Italics mine.) What has happened in the present case is the very thing that the framers of our constitution sought to avoid: the unquestionable resentment of many of our citizens in knowing their tax dollars support a state university that tolerates religious instruction in a course that discredits the genuineness of a book sacred and holy to them. I would reverse the trial court and grant the injunction prayed for. March 8, 1968. Petition for rehearing denied. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9551297. Public record. Not legal advice.